PEOPLE OF MI V PHILIP KYLE BAILEY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 5, 2002
Plaintiff-Appellee,
V
No. 230571
Oakland Circuit Court
LC No. 2000-172950-FH
PHILIP KYLE BAILEY,
Defendant-Appellant.
Before: Hood, P.J., and Saad and E. M. Thomas,* JJ.
MEMORANDUM.
Defendant appeals as of right from his conviction for first-degree home invasion, MCL
750.110a(2). We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
On appeal defendant argues that he is entitled to a new trial because the circuit court
refused to provide the jury with a transcript of one of the complaining witnesses’ trial testimony.
We disagree. When it received the jury’s request, the trial court discussed it with both counsel,
who agreed that the witness had testified the day before, that there was no transcript yet, and that
the trial court should instruct the jury to rely upon their collective memory. The court gave the
agreed-to instruction and told the jury that if they remained unsure it could arrange to have the
court reporter read back relevant portions of the testimony. The jury did not ask to have any
testimony read back. The circuit court did not abuse its discretion by failing to provide the
requested transcript. People v Crawford, 232 Mich App 608, 620; 591 NW2d 669 (1998).
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
* Circuit judge, sitting on the Court of Appeals by assignment.
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